Dogs are often called “man’s best friend,” but for those who have experienced a dog bite or attack, this sentiment might feel far from the truth. According to 2020 data, nearly 1,000 people are treated in emergency rooms daily for nonfatal dog bite-related injuries, with South Carolina ranking 7th nationwide for pit bull attacks.
The numbers are even more staggering when considering the financial impact. Between 2014 and 2023, the average cost per dog bite claim nationally increased by 82.5%, reflecting rising medical costs and substantial legal settlements.
So, what should you do after a dog bite? If you’ve been bitten or attacked by a dog, you may have the right to pursue compensation for your injuries and losses. Here’s what you need to know before filing a dog bite lawsuit.
South Carolina Dog Laws Generally Favor the Victim
South Carolina’s dog bite laws are outlined in the South Carolina Code of Laws. Overall, the law seems to prioritize victim protection, as reflected in some key aspects of these laws:
Strict Liability & Responsibility for Damages
Under South Carolina’s strict liability law, dog owners are held responsible for any harm their dog causes (whether through a bite or another injury) when the victim is in a public place or legally on private property. When it comes to dog bite compensation, this accountability covers financial losses (medical expenses, lost wages, and other out-of-pocket costs) and non-financial losses (emotional distress, pain, and suffering). Additionally, dog owners may face further consequences, such as fines, criminal charges, or imprisonment, depending on the severity of the incident.
- Owners of “dangerous dogs” (dogs with a history of attacks or a known tendency to be aggressive) are required to register the animal with local authorities and ensure it wears a metal tag identifying it as dangerous.
Elimination of the ‘One Bite’ Rule
Until 1986, South Carolina followed the “One Bite Rule,” which exempted dog owners from liability for a dog’s first attack, assuming they were unaware of the animal’s potential danger. However, under the state’s strict liability laws, this rule no longer applies. Victims can now seek compensation without needing to prove the dog’s prior aggressive history or the owner’s negligence, significantly strengthening protections for those injured by dog attacks.
Legislation Targeting ‘Vicious Dogs’
To prevent attacks by “potentially dangerous” dogs, South Carolina enforces breed-specific laws to limit public exposure to these animals. For example, several municipalities around the state classify pit bulls as inherently dangerous, while others extend this presumption to breeds like rottweilers, doberman pinschers, and chow chows.
Sue for Wrongful Death
While most dog bite lawsuits focus on physical injuries (bites, broken bones, etc.), in tragic cases where a loved one dies from a dog attack, you may file a wrongful death claim. This is part of the broad application of the strict liability law, which extends beyond just bodily harm.
Exceptions to Dog Owner Liability
We said earlier that dog owners are generally liable for harm caused by their dog’s attack. However, two critical exceptions can impact a potential dig bite lawsuit. If a dog bite case goes to court, the dog owner’s lawyer or insurance company may try to leverage these defenses to reduce or eliminate liability:
- Trespassing: If you were trespassing on the dog owner’s property when the attack occurred, the law may not hold them responsible for your injuries.
- Provocation: If you deliberately provoked the dog by teasing or abusing it, the owner may not be held liable.
3-Year Statute of Limitation
It’s important to remember that there is a limited time to file a dog bite injury lawsuit. Under the South Carolina Code of Laws, you generally have three years from the date of the injury to file a personal injury claim. However, certain circumstances may affect this timeline. For instance, if the victim is a child, the statute of limitations may be extended, starting when the child turns 18. If you fail to file within the allotted time, the court will likely dismiss your case, and you will lose your right to seek damages.
If You Sue for Dog Bite, Do it Right
If you’ve been injured by a dog, it’s crucial to take action as soon as possible. Regardless of when the incident occurred or where you are in settlement discussions with an insurance company, consulting a dog bite injury attorney early can make all the difference. An experienced attorney can help you determine whether your case falls within the legal time limits, guide you through filing your claim, and ensure you are properly represented during negotiations or litigation.
At Bluestein Attorneys, we specialize in personal injury cases, including dog bite lawsuits, and are committed to getting you the compensation you deserve. Don’t risk losing your right to compensation by missing key deadlines or failing to file correctly. Contact us today to discuss with a professional dog bite injury attorney and take the first step toward protecting your rights.
